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Home My WebLink About1981-12-08 i\ 0� PUBLIC HEARING # 1 SPECIAL PERMIT _ Bernard & Karol Hicks 29$ Cortland Rd . December 8 , 1981 Build a Mini Storage Minutes of the public hearing at 7 : 30 PM Supv Cotterill read the notice that was published in the newspaper concerning the application of Bernard & Karol Hicks . 298 Cortland Rd for a special permit to build a structure for a Mini Storage of Trucks and furniture at the corner of Livermore Cross Rd and Cortland Rd . (Rt 13 ) . QUESTIONS AND/OR COMMENTS Supv Cotterill wanted to know how large the building would be ? Mrs Hicks - it would be 150 feet by 50 feet . Supv Cotterill wanted to know if this would be for storage for the type of business that • they are now in ? Mrs Hicks - it would be for storage . Supv Cotterill wanted to know where the entrance would be from? Mrs Hicks - from Livermore Cross Rd . Clm Metzger wanted to know if this would be for repair or storage ? Mrs Hicks - it would be just for storage . Clm Webb wanted to know if this would be the same continuation of their regular business hours ? Mrs Hicks - it would be the same hours . Supv Cotterill wanted to know when this would be built if the special permit was granted ? Mrs Hicks - it will be started right away and should be finishld by the third week in Jan . Closed public hearing 7 : 40 PM . `4 -4. PUBLIC HEARING # 2 SPECIAL PERMIT - Carl Stelick - 2014 Dryden Rd . December 8 , 1981 Build an addition to his Sawmill Minutes of the public hearing at 7 : 45 PM Supv Cotterill read the notice that was published in the newspaper concerning the application of Carl Stelick of 2014 Dryden Rd for a special permit to build an addition to his sawmill . QUESTIONS AND/OR COMMENTS Supv Cotterill wanted to know the size of the extension ? i Mr, Stelick - 14 feet by 58 feet . Supv 'Cotterill stated that he has equipment out in the weather and Mr Stelick is asking ' permission to extend the building to protect his equipment from the weather . k. Mrs Daisy James wanted to know why part of it is already up ? Supv Cotterill - Mr Stelick had come to him the say after our last meeting and said that he had the equipment there and need a roof over it before the bad weather came . He didn ' t realize that he needed a special permit to extend a roof over his equipment to protect it . This kind of equipment is an investment and he told Mr Stelick that if the Zoning Officer • said that it was an extension , he would have to get a special permit , and suggested that he go to Mr Stewart and apply for a permit if that leas required . At the same time , if he had a $1000 or $ 2000 piece of equipment that would be destroyed by weather he would start to put a roof over it , so this is what he has presumed what he has done . Mr James wanted to know why he didn ' t come for his 'f y permit before he bought the equipment ? 7. Mr Stelick - I bought it at an auction . v Supv Cotterill - he didn ' t realize that he needed a permit until he had talked with the Zoning Officer . He isn ' t changing his business and he isn ' t enlarging his business , he wants to extend the roof to protect his equipment . Mrs James - before when we were here it was one on one . It was zoned residential and business . Alright , he has his business during the day , but she would like it quiet and is asking the he be quiet . He runs the payloader on Sunday , and late at night , any old time and felt that they deserve a little quiet . She thought that this was right one or. one . Mr Stelick - I cut firewood for myself on Sunday . Mrs James - not with a payloader . Mr Stelick - I sure do , I carry it up to the house . ) a- . Supv Cotterill - I guess that is a - legal question that the attorney will have to answer . as to whether he can move a tractor or whether he can move anything on his property . He thought that the permit is for a sawmill permit and we have restricted the hours that the sawmill can be run . Mr James would like the board to review the hours that was agreed on in the special permit when the original permit was granted . Supv Cotterill wanted to know if he was running the sawmill outside of those hours . Mr James - yes he is . • Mrs James - he said we were deliberately harassing him , but he is deliberately running that sawmill on Sundays . Supv Cotterill - we are not here for an argument , we are here for facts . Mr James - I would like to you to clarify and review the original permit . Supv Cotterill - that is whey he is asking , the board would be happy to hear the hours that he is running the sawmill that are illegal . Mrs James - but I would like it to be quiet , this is part of his business . He is loading logs on the sawmill , isn ' t that part of the sawmill business ? I can see him do it for the next day . He doesn ' t start the next morning . Mr James - I feel that any cutting of lumber after 5 o ' clock at night can wait , there is no reason that it can ' t be done after 8 the following say . He has seen him' shut the business down a few minutes before five and start it up again after five and cut anywhere from then on to anywhere from 5 : 30 to 6 : 30 PM . Supv Cotterill - if you will give us the exact hours that he is sawing logs that you feel are illegal then the - board would be happy to look at that statement . Mrs James - but you won ' t do anything about him running the payloader ? We draw our own wood and we don ' t need a payloader for it . Mr Rude next door gets his own wood and he doesn ' t have a payloader . My mother is 86 years old and it vibrates her house . I have asked you out to hear it , and have asked the Zoning Officer out to hear it . Anyone of you can come anytime and listen to it . You can ' t even play the television loud enough. . All I am asking is a little quiet , now is is going to put on a few more things . Mrs James - now another thing I would like you to do is read the rules to see who is supposed to live in that house across the street from us . Mr Stelick - there is no one living in that house . Mrs James - of there isn ' t . Mr Stelick - my son is out there playing pool Mrs James - oh your son is not out there playing pool , one of your workers is living there . Why should you give a permit to a person who doesn ' t even abide by the rules . Supv Cotterill - we are not here to discuss the house at the moment , we have an open hearing for an application to extend a roof on his sawmill and this is what we want to discuss at this point . Mrs James - why do you want to give man another • permit when he doesn ' t even abide by the ones he already has . Supv Cotterill - any comments you would like to make , the board will consider and that is what we are here for . All I arr. • asking for is statements of exact hours that the sawmill is running and what you feel is illegal and we will analyze those statements . Mrs James - I had them the last time we were here and you weren ' t interested . I had them exactly from the time he started in the morning . He doesn ' t get • u.n in the morning and start . Supv Cotterill - I don ' t want to agrue with anyone , all I want is statement 's and we will record these statements . Mrs James - okay , what good is it for us to be taxpayers and not cause you any trouble and not do anything but to ask you for a little quiet . That is all I want is quiet . Supv Cotterill - you are perfectly within your right to give us facts . Mrs James - but I want ever get it . • Supv Cotterill - we are not making a decision here we are getting information . The board has to make a decision after they get all the information . - I feel they should abide by the original permit . Mr James y y Mr Stelick - I have never run the sawmill on a Sunday . Mrs James - you run that payloader all the time . Supv Cotterill - we are not here for an argument . If you want to give me some exact hours that he is running illegal that is what we want . , / 93 Mr James - alright , I am going to start keeping track , and you may as well know it , of the hours that he runs that thing , and I am going to be here at the next meeting and I want some action taken . I have a right as a taxpayer that I shouldn ' t have to listen to that over there after 5 o ' clock at night . You have to live across from that to appreciate what I am telling you . Mrs James - that is the payloader and that is part of the sawmill . He didn ' t have the pay- loader before he had the sawmill . Mr Stelick - the payloader is as about as quiet as a car . Mrs James - come right over to my house and sit and I will ask any man on this board or all of you . Mr James - he wouldn ' t have this hassel if he abided by the original rules of that permit . Mrs James - he is lying right up his sleeve . • Supv Cotterill - we are not here for an argument , you are welcome to give statements . I don ' t want you arguing with Carl or with me . Give us statements that this board will analyze . You give me any statements of facts that hours that you say he has been running illega , we will record them and analyze them . Mr James - I will keep a log . Mrs James - is there anyway that we can have some quiet . Okay , he has a business and you have given him a permit for the business and all this and that and everything else . Supv Cotterill - what I am saying is , anything that you feel he is doing illegally regatdless of what it is we will be happy to hear those remarks . Mrs James - alright , that is what I am asking is that he takes that payloader and runs it into the creek . Supv Cotterill - when is he running the payloader and you feel is illegal ? Mrs James - all day Sunday and from 5 . Mr James - no , no there have been Sundays that he has run that payloader , but I don ' t know what he is doing , and we feel that is part of the sawmill business and the permit says that he only operates from 8AM to 5PM Mon thru Sat and not on Sundays or holidays . Now that payloader is part of the sawmill . Mr Stelick - I am not going to buy another piece of equipment to cut my firewood and haul my wood around . Mrs James - Okay there you go . . Mr Stelick - why , I should have every right to cut my firewood on Sunday . Supv Cotterill - all we want to hear is their statement as to when it is run and your statement as to what it is doing and then we have to make a decision based on those statements - Mr James - how do I know this is going to be enforced ? Mrs James - it is not enforced . Supv Cotterill - Carl you say you aren ' t doing anything to do with cutting logs or running the sawmill on Sunday ? . Mr Stelick - absolutely not , I am not a workcoholic . Supv Cotterill - okay this is all I want is your statements . Mr Stelick - if you come over and cut my firewood I wouldn ' t have to do it on Sunday , but I haven ' t got any" other time That sawmill is running about 3 hours a day , that is all that sawmill runs , from about 1 or 2 o ' clock to about 5 or 5 : 15 when I finish what I have on the mill , you can ' t cut through half a log and say it is 5 o ' clock I have to quit . • Mrs James - may I say something then after that he turns on the lights and loads it for the next day . Mr Stelick - oh no I don ' t , I couldn ' t even see to cut the logs without a flashlight . Mrs James - no he doesn ' t cut them he loads them and we can ' t even turn television on . I want quiet , that is all I am asking is quiet . I thank that is little enough . We have lived there 16 years and we have given this board no problem whatsoever , we haven ' t done anything illegal and I haven ' t sat here and said I am going to do that . Supv Cotterill - I guess our question would be probably tractor trailers going by your house would be more noise than a tractor . Mrs James - no because they go zip . Supv Cotterill - I would expect that there would be more noise in the motor than there is in a tractor 500 feet away . Mrs James - no absolutely not Mr Cotterill Mr James - yes , there is unreasonable noise on Rt 13 , but this only adds to it . i ti Mr Stelick - I will • invite everyone of you including you two to come and sit on my porch when that payloader is running and I will guarantee you on my back porch that you will barely hear that payloader . Mrs James - come over and sit on ours . Mr James - it is just his word against ours . Mr Stelick - well that is my offer . Mrs James - you come over where my mother lives and sit there , you can feel the vibrations from that thing and I am not lying and I am not trying to be smart . Supv Cotterill - we are not questioning your statements , we just don ' t want this to get into an unreasonable agrument . Mrs James - but I am trying to ask for quiet and everyone is putting me down . That is all that I want is quiet . He just sat there and said that he was going to do it . Other people dont have payloaders to cut wood . We don ' t have one . • Mr Stelick - I don ' t have the money to buy a special piece of equipment to cut my wood . Supv Cotterill - we are not here to talk about cutting firewood or anything else , we are here to talk about a permit to extend his roof on his sawmill . Mrs James - that is why I don ' t want any more noise over there . Supv Cotterill - he has the permit now to run the sawmill certain hours and if he is doing extremely serious violations beyond that then we would like facts on that . We are not talking about 5 or 10 minutes either . Mr James - I am not talking about 5 or 10 minutes either . Supv Cotterill - that is why we need facts , we are not interested in general statements that he is violating his permit , we have to have facts that he is running at this hour and this hour that he is in violation and we can investigate those facts , but a general statement that he is violating his permit is not going to be of any help for us to investigate . If there are some exact statements that on this date it was running from this hour to this hour and is in extreme violation we should be informed in that manner . Mr James - I will bring that information to you at the next meeting . Mrs James - is there no noise ordinance , other people don ' t have to put up with. it . No place on Rt 13 has to put up with noise like this , anybody that comes to visit me say they don ' t know how I stand it . Supv Cotterill - there is no noise ordinance in the town . He assumes that there is one by the state that is so vague that it would be impossible to enforce . I say that because I myself and he expects Co Rep Tillapaugh has had complaints about a band in Varna at one time . You could hear if half a block away and vibrated peoples houses . There were other situations in the town where there was music . That would blast your ears out within a half a block . Probably , much more noise than you are talking about . We found no way of being able to stop it . The State Troopers investigated it and that is as far as it got . It is almost impossible to prove what is excessive noise and you are talking about something much greater than you are talking about here . . Mrs James - I will invite the whole board to come to our house some day when he is running it . Supv Cotterill - they say in a couple of cases that I mentioned that people 5 or 10 houses away couldn ' t sit and talk to each other and hear . As I said we had nothing to prove that they were violating any noise laws . Mrs James - but just a human being doesn ' t invade your privacy like that. . Supv Cotterill - the question was do we have any noise ordinance and we don ' t . Mrs James - but just between people , not even friends there is a little bit that you appreciate other peoples feelings . Supv Cotterill - we can debate as to what is reasonable . Mrs James - you can ' t tell unless you are there and I have invited you over and I will even furnish you with coffee . Supv Cotterill - I think a reasonable person can because I have worked around a farm and I have worked around large tractors as large as he is talking about that fill silos and they are humming at full throttle and I know what noise is from a tractor . I have seen them working under strain and worked right beside them and have been around them all my life and I am sure other people here have . What I am saying is that we have people that are reasonable that know a tractor and what noise a large tractor would make . We are not talking about something that is unusual when we talk about a large tractor . Mrs James - he said you couldn ' t hear it but you can hear it over the television . I still have to get this in because this is why I am here tonight . That is what I am asking , my mother is 86 years old and why should she have to put up with this . Supv Cotterill - do you have any other comment other than the noise as far as the sawmill is concerned ? LL� �� 7 Mrs James - I just don ' t think that he should get the permit for anything more . Mr James - I feel that when a permit is issued , don ' t you try to enforce these situations working after hours and beyond hours . Atty Perkins - I suggest that when you observe a violation that you call the Zoning Officer at that time and have him come down and observe . He has no way of enforcing it unless he actually observes it , unless you are willing to file information or complain . Mr James - I certainly will do it and if I can ' t get Mr Stewart I will call you . Mrs James - I called you and I also called Mr Cotterill on night . Mr Stelick - does this mean I can ' t cut firewood on Sunday ? Mr James - do you cut firewood with a payloader , is that what you are saying? Mr Stelick - I have a chainsaw and I carry it up to the house . My logs happen to be down • in the field if you have eyes . Mr James - you have a truck don ' t you ? : upv Cotterill - we are not talking about cutting firewood , we are not talking about whether a man can or cannot , that has nothing to do with this permit . What he does other than run the sawmill has nothing to do with this permit , it may have something to do with a complaint that someone wants to make but it has nothing to do with this hearing . Mrs James - the noise isn ' t part of it then ? Supv Cotterill - except for his running the sawmill anything to do with the sawmill . This is stricly a permit for an addition to extend , it has nothing to do with what someone does in other things in the business . Mrs James - may I say that we were under a misapprehension last time because we figured that the payloader was part of the sawmill and we would like quiet . There was another person at the same time that was interested infioise and we specified noise . Supv Cotterill - if it has to do with the sawmill . Mrs James - the payloader is part of the sawmill , he didn ' t have the payloader before that . Supv Cotterill - I don ' t think that if he is doing something that has nothing to do With logs or the operation of the sawmill that we can debate it at this hearing . We can debate it at some other issue , if someone wants to debate unreasonable noise . Mrs James - what if I tell you that he is loading up his sawmill with his payloader for the next day and not cutting logs , that is part of the sawmill . Supv Cotterill - that is information that this board has to analyze and decide . Mrs James - that is what I am trying to tell you . I am asking a question , that is part of the sawmill isn ' t it ? Mr Stelick - believe me if I can ' t do it in 5 or 6 days work , if I have to do it on a Sunday to make a living I will fold up . Mrs James - you had better fold then . Supv Cotterill - we don ' t want to get in that kind of debate . Does anyone else have any other comments . Closed public hearing 8 : 00 PM TOWN BOARD MEETING 411 DECEMBER 8 , 1981 Minutes of the Town Board meeting held on the 8th of December Supv Cotterill called the meeting to order at 8 : 00PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Webb , Clm Jordan , Clm Metzger , Atty Perkins , Zoning Officer Stewart and Clm Tarr . COUNTY BRIEFING Co Rep Tillapaugh reported that he attended a meeting concerning the proposed crosstown arterial highway and was decided to table the decision . They will be another meeting Dec 14th . The are also talking about improving Game Farm Rd . This is being presented to the Ithaca Town Board and it will involve part of the Town of Dryden . Supv Cotterill - attended a meeting with some county people Tast week , and they didn ' t seem to have any agreements . He has also spoken with Barbara Caldwell and the Planning Board has discussed this for 2 months and couldn ' t see where there were any big benefits for the Town of Dryden . Therefore , they couldn ' t come up with any recommendations for the Town Board . / (4 Co Rep Tillapaugh -- there is no agreement on any of this , it is still in the discussion stage . He was just relaying the message that Noel Desch , • Town - of Ithaca Supervisor would like to discuss with this board and the town engineer Larry Fabroni sometime in the near future the situation and what the Town of Ithaca had in • mind . Co Rep Tillapaugh also reported that the Town of Dryden ' s representative to the County Youth Bureau , Dave Morrissey Moriah has resigned so the town will have to find: a replacement . There was some discussion and the Town Board will try to find a representative . Chu Webb wanted to make a comment about Judd Falls Rd which is getting to much traffic and going to fast on ' a road that was never built for it . He didnft think that situation can go 20 years without something being done . If that is going to be the ,major • road to the east or south the county is going to have •to do something to either improve it or come up with another road . Also the problem of the one lane bridge on Warren Rd down • in the Forest -Home area which is a real bottle neck for traffic and felt that the county should also look into that situation . - These are 2 major 'problems that he felt the county should not ignore . COUNCILMAN PRIVILEGE OF THE FLOOR Clm Webb reported that he had received a letter from Larry and Juanita Converse thanking the town for . bringing the bulldozer over to the Fall Creek Rd area . He felt that Greg did . a good job to open the creek bed up which should have been done a long time ago . Supv Cotterill reported that the town also wanted to work over in the creek in • the - Malloryville area but the water was too high for them to get in to do any work with what equipment that the town had . . ' Clm Webb also reported , that the Town Board still has, not acted on a local law concerning mass meetings . There was some discussion and was tabled until the January meeting . ' Clm Metzger reported on the water connection in Varna . Bolton Point did receive an agreement from Cornell to connect with their water system . Bolton Point has put out to bid to 3 different contractors for prices on the interconnection . Clm Metzger would like a resolution to authorize him to accept the low bid ' so it can be done before the ground freezes . There was some discussion and the board authorized Clm Metzger to- accept the low bid . RESOLUTION - # 152 . - AUTHORIZE CM METZGER TO ACCEPT .LOW BID FOR WATER CONNECTION WITH BOLTON POINT AND CORNELL UNIVERSITY • • • Clm Tarr offered the following resolution and asked for its adoption • • RESOLVED , that this ' Town Board authorize Clm Metzger to accept bids - for - the Varna water interconnection. with Cornell University_ at• a maximum of $ 8500 . 00 and to authorize Belton 'Point to proceed with the work . . 2nd Clm Jordan Roll call vote - all voting YES ATTORNEY Atty Perkins reported with regard to 'the . Emergency Squad of Dryden Fire .Dept of Neptune Hose Company #1 of Dryden Inc . that this board before it can enter into a contract must make certain determinations and pass certain resolutions , all - of - which are contained in the determination . It must be adopted and recorded in the County Clerk ' s Office along with the consent of the Emergency Squad to furnish the service under the terms and conditions . First the board will have to make these determinations and move so . After the adoption of the determinations and the resolution , the second document - is the same form of a contract that you had 1st year providing for payment this year of $ 25 , 000 . 00 . So you need a resolution making the li e determination • and resolution in one document and approval ' of the contract authorizing,the supervisor to sign . The following determination and resolution were respectively made and adopted by the Town Board of the Town of Dryden , to wit : DETERMINATION - RESOLUTION # 1/53 AMBULANCE CON -ACT WHEREAS , the Town Board caused notice of . public . hearing to he published in The Ithaca Journal , the Official newspaper of the Town of Dryden . on October . 1E , 1981 , to consider the advisahilicy of adopting a resolution , in accordance with the provisions n Section 209 - b of the General • tiinicinal Law , authorizing the E 1ERG : NCY SQUAD OF DRYDEN FIRE DEPARTMENT OF NEPTUNE HOSE COMPAN7 NO . • 1 OF DRYDEN , ; INC : , to furnish emergency ambulance service for ;_1 1 of r:. hc residents of the Town of Dryden , including the Vi . 1 .t; ::• cs of Dryden and Freeville , and t %I • ...____� __._. ...� _ _ _ _ _a _ _ __ . :a: : . „ . WHEREAS , a public hearing pursuant to such notice was held on October 27 , 1981 , and which said notice of hearing described : ( 1 ) the emergency ambulance service which is proposed to be furnished ; ( 2 ) the area to be served ; ( 3 ) the names of the fire company affected ; ( 4 ) the time and place within the Town where such hearing will be held ; and ( 5 ) that all persons residing withii the area to be served or persons , firms and corporations owning real property within the area to be served , or persons , firms and • ! corporations whose business interests or employment would either be benefited or adversely affected , whether or not a resident or owner of real property within the area to be served shall have . the right to be heard in person or by representative at the public a hearing.;, and WHEREAS , the matter was fully considered and discussed by the Town Board and all persons present at the time of such hearing were given an opportunity to be heard with respect thereto and their statements considered by the Town Board , and WHEREAS , the Town Board deems it in the public interest to authorize the furnishing of such emergency ambulance service and to enter into an agreement therefor with the EMERGENCY SQUAD OF DRYDEN FIRE DEPARTMENT OF NEPTUNE HOSE . COMPANY NO . 1 OF DRYDEN , INC . , for the consideration of TWENTY - FIVE THOUSAND ( $ 25 , 000 . 00 ) DOLLARS for one year , to be paid on , or before the 1st day of February , 1982 , and WHEREAS , consents of NEPTUNE HOSE COMPANY NO . 1 OF DRYDEN , INC . , and the EMERGENCY SQUAD OF DRYDEN FIRE DEPARTMENT OF NEPTUNE • HOSE COMPANY NO . 1 OF DRYDEN , INC . , to furnish emergency ambulance service will be obtained , and 411 NOW , AFTER HEARING AND CONSIDERING THE STATEMENTS MADE AT THE PUBLIC HEARING : on Motion of Councilman Metzger , second by • Councilman Webb - it is IPRESOLVED , that the Town Board hereby unanimously finds , in accordance with the provisions of Section 209 - b of the General Municipal Law , that there is no emergency ambulance service for rt. , t c 1 • • 6f • i4 residents of the Town of Dryden , and unanimously determines that i'e 1 jit is in the public interest to authorize the furnishing of such I I emergency ambulance service for the said residents of the Town of .. Dryden , including the Villages of Dryden and Freeville , and it is 4 further • .‘ v. , . RESOLVED , that such emergency ambulance service shall be , furnished subject to such rules and regulations as shall be pre - scribed by the NEPTUNE HOSE COMPANY NO . 1 OF DRYDEN , INC . , and approved by the Town Board of the Town of Dryden , and it is , t RESOLVED , that within ten days after the date of the adoption of this resolution the Town Clerk cause a certified copy thereof and the determination on which it is based to be filed in the office of the Clerk of the County of Tompkins together with the consents of the NEPTUNE HOSE COMPANY NO . 1 OF DRYDEN , INC . , and the EMERGENCY SQUAD OF DRYDEN FIRE DEPARTMENT OF NEPTUNE HOSE COMPANY NO . 1 OF DRYDEN , INC . , and it is further RESOLVED , that the Town Supervisor be , and he is hereby authorized to executed an agreement between the TOWN OF DRYDEN and the EMERGENCY SQUAD OF DRYDEN FIRE DEPARTMENT OF NEPTUNE . HOSE COMPANY NO . 1 OF DRYDEN , INC . , for the consideration of the payment of TWENTY - FIVE THOUSAND ( $ 25 , 000 . 00 ) DOLLARS . The vote on the adoption of the foregoing resolution was as follows : Supervisor - Clinton Cotterill YES . Councilman - Merton Webb YES Councilman - Henry Tarr YES Councilman - Frank Jordan , YES III Councilman - Jon Metzger YES The resolution was thereupon declared duly adopted . iu CI RESOLUTION #154 W . B . STONG FIRE COMPANY OF FREEVILLE FIRE CONTRACT Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supervisor and Town Clerk to sign the contract with W . B . Strong Fire Company of Freeville in the amount of $ 26 , 000 . 00 to be paid on or about March 1st , 1982 . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION #155 DRYDEN NEPTUNE HOSE COMPANY #1 INC . FIRE CONTRACT Clm Tarr offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supervisor and Town Clerk to sign the contract with Dryden Neptune " Hose Company # 1 Inc in the amount of $ 45 , 000 . 00 to be paid on or about March 1st , 1982 . 2nd Clm Jordan Roll call vote - all voting YES IllRESOLUTION ,# 156 BROOKTONDALE FIRE DISTRICT FIRE CONTRACT Clm Tarr offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supervisor and Town Clerk to sign the contract with Brooktondale Fire District in the amount of $ 4 , 000 . 00 to be paid on or about March 1st , 1982 2nd Clm Webb r Roll call vote - all voting YES RESOLUTION #157 ETNA VOLUNTEER FIRE DEPARTMENT INC . FIRE " CONTRACT Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supervisor and Town Clerk to sign the contract with Etna Volunteer Fire Department Inc in the amount of $ 22 , 500 . 00 to be paid on or about March 1st , 1982 . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION #158 VARNA VOLUNTEER FIRE COMPANY INC FIRE CONTRACT Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supervisor and Town Clerk to sign the contract with Varna Volunteer Fire Department Inc in the amount of $ 35 , 500 . 00 to be paid on or about March 1st , 1982 . 2nd Clm Jordan Roll call vote : . - all voting YES Atty Perkins also reported on the status of the negotiation with Ceracche TV . He understands that Sammons Franchise and line extension provision is the franchise as pretained to the area served by the Sammons Franchise at the present time . There was some question as to what exactly was the provision . With respect to Ceracche Franchise it appears that an attempt was made in 1975 to ammend the franchise to include this provision and became part of the Ceracche Franchise and of course would be binding on ATC . However , NYS Commission on Cable Television has not replied yet to his letter as to whether or not this is part of the franchise . They have a density figure of 35 residents per mile and also line extension policies , and recommendations with respect to the different formulas which he will send the board members so they can be reviewed before there is another meeting with Ceracche . The cable commission is helping municipalities in taking an advisory roll only . They have not set standards . which must be included within franchises . The franchise with Ceracche Cable was to the whole Town of Dryden and the franchise with Sammons was to the whole Town of Dryden , however you have them serving seperate and distinct areas . There are 2 seperate areas ; one used to be Sammons and one used to be Ceracche . Now they both happen to be owned by ATC which is doing business as Ceracche and we apparently have 2 different line extension policies for the Town of Dryden . Atty Perkins felt that the town should wait until he hears from the NYS Commission 1111 on Cable Television before they proceed any further . Atty Perkins also reported on a proposal with the City of Ithaca , Town of Ithaca and Town of Dryden to enter into an intermunicipal agreement pursuant to the provisions of the General Municipal Law . This means that they are specifically authorized by certain provisions to bind themselves together for certain purposes including the borrowing of money pledging full faith of credit of the respective municipalities toward the repayment of the loan . What we are talking about here is Phase # 2 of the wastewater treatment plant project which is still in the design phase . There is a need for temporary financing of a local share which apparently anticipates federal and state funding for the other share . The temporary financing for the local share is estimated to be $ 271 , 614 . 00 . The scope of the project itself contemplates a final formal bindincr intermunicipal agreement which will be something like Bolton Point Intermunicipal Agreement . Pending that further actual agreement the parties between the City and Town of Ithaca and Town of Dryden agree that the city is authorized to borrow that sum on behalf of the city and towns using bond anticipation notes . The shares and repayment of that on principle and interest is divided 64 percent to the City , 35 percent to the Town of Ithaca and 1 percent to the Town of Dryden . The City has the obligation to act as treasurer . Any of the parties can prepay any portion of their share of bond anticipation notes . The City has the power to roll it over for a period up to five years . 1 l7 It 5 RESOLUTION # 159 APPROVE AGREEMENT FOR THE ITHACA JOINT SEWER SYSTEM Clm Metzger offered . the following resolution and asked for its adoption : . . RESOLVED , that this Town Board approve the agreement between the City of Ithaca , Town of Ithaca and Town of Dryden for the sewer project . 2nd Clm Jordan Roll call vote - all voting YES Atty Perkins reported - that he had talked with John Anderson from the Health Dept and he has approved Lot # 20 in the sub- division of Meadowlark Rd . This was not a lot that was previously approved . By approval of this lot which is in Sewer Dist # 1 Mr Eucente will be able to finish the road and loop the road to connect Cardinal Rd back to Meadowlark Rd via OriotRd . Mr Lucente will not have the excuse that there is no sense of building the road . • The water is alreay in and he how has . approval of lot # 20 which he can not put the sewer in and the letter of credit which he has with the town is in the amount of $ 15 , 000 and expires April 6th . Supv Cotterill wanted to know if Mr Lucente has been notified that we will not renew the letter of credit and he has to have the road done by April . There was some 411 discussion and the first letter of credit was issued in 1979 . Atty Perkins asked . Greg to make a determination as to whether he could finish the road for $ 15 ; 000 . 00 . . He felt that the position the Town Board should take is that Mr Lucente will have to file an approved sub- division map plat and have all the appropriate approvals includingthat of the Town of Dryden Planning Board , which he understands has given conditional approval . Supv Cotterill - Mr_ Lucente has not filed it yet because the road isn ' t finished yet . He has to build the . road before the planning board will approve the sub- division map . The road has never been built , but there are people living there for over 2 years . Atty Perkins felt that Mr Lucente has enough investment there so that he should finish developing or complet . it if he has pressure to complete the road and obtain sub-division approval by some date which could be 3 months from April 6th . He felt that it should be in the renewal of the bond within 3 . months from April and by that time the road be finished and up to town specifications and the sub- division plat form be suitable for filing at the County Clerk ' s Office and that the town be furnished with the appropriate documents to dedicated the toad . Atty Perkins will notify Mr Lucente of the boards position . Clm Jordan - wanted to know how the town got into this situation so that it may be avoided in the future ? . Supv Cotterill ' - we have to ask ourselves how we got in it and what policies we are going to follow in the future . . Atty Perkins - you have set your policy . There will be no sub- division approval prior to the installation of a road , the town specifications and the dedication of -the road to the town . . Supv Cotterill - what you are saying is that the town should forbid any building permits to be issued . until the road has been deeded to. the town ? . Atty Perkins - absolutely , you have an approved sub-division plat , and as part of the approval as he understands it the planning board will hot approve it ' until the road has been dedicated to town specifications . Atty Perkins - reported on the building code . The statute provides that by Dec 21st the town shall report in writting to the county the measures it has taken or contemplates taking for administration and enforcement of the state building construction code , the state conservation. and fire prevention code . As . he , unders.tands it Chapter 707 of the Laws of 1981 this is not . necessarily binding on the town , we just have to make a report to the counbiwhat we contemplate on . doing . There was some discussion and the board decided . to notify the county that they are going to study the building code . Atty Perkins said that he would get the letter ready for Supv Cotterill to sign . . . . RESOLUTION . # 16.0 STUDY BUILDING CODE • Clm Metzger offered the following resolution arid asked for its adoption :, RESOLVED , that this Town Board notify the county that the town is going to study the • State Building Code regulations . 2nd Clm Webb Carried Atty Perkins - reported that he. had received the Order from the State Comptroller establishing GJR Sewer District . . • • • ORDER A571 RESOLUTION # 161 ESTABLISHING GJR SEWER DISTRICT G1m Metzger offered°-the—following- -resolut on--and__asked for.„,,,its,,, ad92tion _ ,,,__ _ _ _ . WHEREAS , the Town Board of the Town of Dryden , Tompkins w ,t County , New York , ;has caused a general map , . plan and report to 4 be prepard and filed in the office of the Town Clerk of the Town in relation to the proposed establishment of a sewer district . t in the Town , to be known as the George Junior Republic Sewer Dir> - `,P trict ; and WHEREAS , an order was adopted by the Town Board on August 4 3 , 1981 , reciting a description of the boundaries of the district , the proposed improvements , the maximum amount proposed to be ex - • pended for the improvements to be provided in connection therewith , the fact that the map , plan and report had been presented to and ;t also were on file in the Town Clerk ' s Office , and specifying August ( , 17 , 1981 , at 5 : 30 p . m . in the Town Hall , 65 East Main Street , Dryden , New York in the Town , as the time when and the place whore the Town Board would meet in a public hearing to hear all person . interested in the creation of the district , and for any other action an the part of the Town Board with relation to the matter as might be required by law or proper in the circumstances ; and WHEREAS , the order was published and posted in the manner and within the time prescribed by Section 209 - d of the Town Law and proof of the publication and posting has been presented to the Town Board ; and WHEREAS , the public hearing was held at the time and place set forth in the order , and all persons desiring to ' be heard were heard ; and WHEREAS , following the public hearing and based upon the evidence given thereat , the Town Board on August 17 , 1951 , adopted a ' resolution subject to permissive referendum determining in Lhe • affirmative all of the questions set forth in subdivision 1 of Section 209 - e of the Town Law and approving ` pp ving the establishment; of : =the district ; and • WHEREAS , notice of the adoption of the resolution was plh - lished and posted in theh manner provided by law , and proof of the publication and posting presented to Town Board ; and WHEREAS , no petition was submitted to and filed with the clerk protesting the adoption of the resolution and requesting that it be submitted to the qualified electors of the Town residing; in the proposed, George Junior Republic Sewer District for their approval or disapproval ; and '} - _ • WHEREAS , -the Town Clerk ' s Certificate as to No Filing of <u. a Petition for a permissive referendum was duly filed in the Offic ° )\:4ei of the Tompkins County Clerk ; ' k NOW THEREFORE , IT IS ;� : . ORDERED , by the Town Board of the Town of Dryden , Tompkins County , New York , as follows : 1 . The George; Junior Republic Sewer District of the Town iry of Dryden , Tompkins County , New York , is hereby established . sub - stantiall. y in accordance with the aforesaid map , plan and report , and the district shall be bounded and described according to Schedule A attached hereto . 2 . The construction of the proposed improvements for the district , and also including land or rights in land , original furnishings , equipment , machinery or apparatus incidental thereto , substantially as set forth on the map , plan and report is hereby 4 authorized at a maximum estimated ' cost of $ 204 , 400 . 00 . The rnetFiccl . o f financing is the issuance of serial bonds not to exceed the amount of Two Hundred Four Thousand Four Hundred ( $ 204 , 400 . 00 ) Dollars payable with interest over a period of thirty years if conventional financing is sought or forty years if Farmers Home Administration financing is available , The cost of construction o f said sewer system . shall be assessed by the said Town Board .. in proportion as nearly as may be to the benefit which each lot o r parcel will derive therefrom . 3 . The Town Clerk is hereby authorized and directed ' to cau : a certified copy of this order to be recorded and filed in accor - dance with the provisions of subdivision 1 of Section 209 - 8 of the Town Law . . 4 . This order shall take effect immediately . 41) 2nd CIm Jordan The foregoing order was adopted by the following , roll call , vote : CLINTON E . COTTERILL voting YES HENRY TARR voting YES MERTON WEBB voting YES JON METZGER voting _ YES FRANK JORDON voting YES The Order was declared adopted . Atty Perkins reported that the Town Zoning Officer sent a letter to the town recommending the building in question as identified by the picture as a 3 car garage at 1211 Dryden Rd parcel # 54- 1 - 20 to be repaired or demolished . We have our own Local Law providing for the repair or removal of unsafe buildings and collapsed structures . This is an opportunity to use the law if you see fit . With respect to the structures the procedure is that the Zoning Officer has already gone through Section 4 of the local law where he has made his investigation and report . In the Zoning Officers opinion the structure is or may become dangerous or unsafe . to the general public . It is open at the doorways and windows making it accessible to and an object of attraction to mthnors - vacrrants or other trepassers , and - can become a place of rodent infestation and presents anti. other. danger to the health , safety , morals and general welfare of the public or is unfit for the purposes for which it may lawfully be used . The board has to make certain determinations according to the local law and send a formal notice to the property owner and in the event that the property owner refuses to comply the board may provide the demolition or removal of the building either by town employees or by contractor and the expenses in connection with the IPproceedings for the repairs . or demolition including the actual cost of removing shall be levied and assessed against the property owner . What the Town Board needs to do is to determine the building is unsafe and dangerous., and order its repair if it can safely be repaired or its demolition of removal and an oder of notice be served upon the person who is the owner of the building , which is Benjamin Hoyt , given him a description of the premises a statement of the particulars . It is unsafe or dangerous , an order outlining the manner in which the building is to be made safe and secure , or demolished and removed . A statement that it must commence within 30 days and completed within 60 days , a date time and place for a hearing before the Town Board with relation to unsafe structure and a statement in the event that if he refuses the Town Board will . have to take the necessary action in this local law . . . Clm Metzger wanted to know if he has responded to this letter ? Supv Cotterill = wanted to know if Z . O . Stewart has ever talked with. him? Z . O . Stewart - he has never seen him , he apparently doesn ' t live there . It was a neighbor who was concerned about the situation . Atty Perkins - the local law provides for the building inspector to do the investigation and report . Based upon his report and if the board members still want to go and look at the property you still have that option and it can be tabled until the January meeting or you can accept his report . . There was some discussion and the board members wanted to look at the property before any action was taken and tabled until the January meeting . ZONING OFFICER . 6 buidling permits issued for the month of November - 1 family dwelling ; 3 additions to homes ; 1 mobile home ; and 1 storage . building . ZBOA did not have any hearings . Robert Newton has decided to tear down his building instead of fixing it up . CORRESPONDENCE • Letters of resignations - Claud Dann does not wish to run again for the Planning Board ; Bente Everhart from the 'Enviromental Management Council ; John Coughlin from the Tomp . Co . Transportation Comm . and David Morrissey Moriah from Tomp Co . Youth Board . Dog report . r1 Letter of Thank you from the • Village of Dryden and Dryden Fire Department with regard; to the recent flood . . Ambulance report Supv Cotterill - reported that there are some members on the Planning Board that are inactive and he has asked them for a statement that they will resign or that they will IIIbe more active . He couldn ' t appoint anyone to take their palce until they have actually resigned or their term expires . Don Rose term expires on the ZBOA and he will serve for at least one more term. Z . O . Stewart v the Planning Board has received a letter of resignation from Tom Bonn but the Town Board has not received it as of yet . The secretary has the letter and is effective immediately . • . •Supv Cotterill - if anyone knows of anyone interested in servina on either board to let the Town Board know . Letter from Jim Rau for the Town of Dryden suaaestions for our representatives to the County Planning Board and Economic Advisory Board and Environmental Management Council . JUSTICE REPORTS Judge Sweetland - $ 2025 . 00 Judge Newhart - $ 883 . 00 0 FINANCIAL REPORT REVENUES EXPENSES General Fund A $ 23510 . 39 $18709 . 44 General Fund B 418 . 71 15813 . 06 Fire Protection District 588 . 00 - 0 - Federal Revenue Sharing 23 . 94 9 . 62 Capitol Fund 53880 . 42 . 53880 . 42 Highway 41222 . 21 105997 . 53 RESOLUTION # 162 ACCEPT BID FOR TRUCK AND SNOW EQUIPMENT Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board accept the bid from Albee Trucking Co . for a GMC truck at $ 64 , 942 . 00 and from Blackwell Co for snow equipment at $10 , 126 . 00 for a total of $ 75 , 068 . 00 2nd Clm Metzger Roll call vote - all voting YES " RESOLUTION # 163 TRANSFER FUNDS FROM UNALLOCATED FUND BALANCE TO GARAGE Clip Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supervisor to transfer $1 , 000 . 00 from Unallocated Fund Balance to Garage Fund 5132 . 4 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION # 164 TRANSFER FUNDS FROM UNALLOCATED FUND BALANCE TO PURCHASING Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Beard authorize the Supv to transfer $130 . 68 from Unallocated Fund Balance to Purchasing 1345 . 4 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 165 TRANSFER FUNDS FROM UNALLOCATED FUND BALANCE TO VARNA LIGHTING DIST . Clm Metzger offered the following resolution and asked for its adoption : RESOLVED, that this Town Board authorize the Supv to transfer $121 . 06 from Unallocated Fund Balance to Varna Lighting Dist . SL 1 - 5182 . 4 2nd Clm Jordan Roll call vote - all voting YES - RESOLUTION # 166 TRANSFER FUNDS FROZ ' UNALLOCATED FUND BALANCE TO ETNA LIGHTING DIST . Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 172 . 00 from Unallocated Fund Balance to Etna Lighting Dist . SL 2- 5182 . 4 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION # 167 TRANSFER FUNDS FROM CONTRACTUAL TO EQUIPMENT !; Judge Sweetland Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 89 . 95 from Judge Sweetland Contractual 1111 . 4 to Equipment Acct . 1111 . 2 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 168 TRANSFER FUNDS FROM CONTRACTUAL TO EQUIPMENT - Judge Newhart Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 117 . 00 from Judge Newhart Contractual 1110 . 4 to Equipment 1110 . 2 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION # 169 ADDITION TO 1981 TAX ROLL FOR UNPAID SEWER DISTRICT # 1 CHARGES Clm Metzger offered the following resolution and asked for its adoption : . • RESOLVED , that this Town Board authorize the addition of the following to the 1981 tax roll : 1 - Dr . Ron Simmon ' s , 10 Meadowlark Rd . , Ithaca , New York Tax Map # 43 - 1 - 19 . 4 in the amount of $ 72 . 00 plus penalty $ 6 . 12 for a total of $ 78 . 12 for unpaid Sewer District # 1 charges . 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION # 170 AUDIT HIGHWAY BILLS Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that the highway bills be paid as audited 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 171 AUDIT GENERAL FUND BILLS Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited . 2nd Clm Tarr Roll call vote - all voting YES SO- RESOLUTION #172 GRANT SPECIAL PERMIT TO BERNARD AND KAROL HICKS - 298 Cortland Rd Cim Webb offered the following resolution and asked for its adoption : RESOLVED , that this Town Board grant a special permit to Bernard and Karol Hicks , 298 Cortland Rd to build a storage building 100 feet from Livermore Cross Rd and 100 feet from Rt 13 . 2nd Clm Jordan carried RESOLUTION # 173 GRANT SPECIAL PERMIT TO CARL STELICK 2014 Dryden Rd . Clm Jordan offered the following resolution and asked for its adoption : IIIRESOLVED , that this Town Board grant a special permit to Carl Stelick to build an addition on his sawmill at 2014 Dryden Rd with the same stipulations that are in the original special permit . 2nd Clm Metzger Carried • • NEW BUSINESS Supv Cotterill wanted to thank Councilman Henry Tarr for all of the years of his service on the Town Board and appreciate all of the hours he has spent . Scheduled organizational meeting for January 5th at 7 : 30 PM ,.1/262.44S-7 4.-ne Susanne Lloyd / Town Clerk SPECIAL MEETING DECEMBER 30 , 1981 Supv Cotterill called the meeting to order at 4 : 30 PM Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Jordan , Clm Metzger , and Clm Webb . Absent : Clm Tarr RESOLUTION # 174 APPOINT ROSS GERBASI TO TOWN PLANNING BOARD - Term expires 1983 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Ross Gerbasi to the Planning Board to replace Tom Bonn and the term expires December 1983 . 2nd Clm Jordan Carried RESOLUTION #175 APPOINT RON CHASE TO TOWN PLANNING BOARD - Term expires 1988 Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Ron Chase to the Planning Board to replace Claud Dann whose term has expired . 2nd Clm Metzger Carried IIIRESOLUTION #176 APPOINT DON ROSE TO ZONING BOARD OF APPEALS Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Don Rose for another term to Zoning Board of Appeals and the term to expire December 1986 . 2nd Clm Metzger Carried RESOLUTION # 177 APPOINT RICHARD TURECEK TO ITHACA - TOMPKINS TRANSPORTATION COMMISSION Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Richard Turecek to the Ithaca - Tompkins Transportation Commission as. the Town of Dryden representative . 2nd Cim Jordan Carried � ) rl , RESOLUTION #178 1981 FEDERAL REVENUE SHARING BUDGET Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board adopt the 1981 Federal Revenue Sharing Budget of $ 59 , 000 . 00 from this years revenues and $ 3 , 761 : 49 from unobligated funds for a total of $ 62 , 761 . 49 to be used for highway repairs and improvements . 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 179 APPOINT BARBARA CALDWELL TO COUNTY PLANNING BOARD Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Barbara Caldwell to the Tompkins County Planning Board . ' 2nd Clm Webb Carried RESOLUTION # 180 APPOINT JON METZGER ECONOMIC ADVISORY BOARD Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Jon Metzger to the Economic Advisory Board . 2nd Clm Webb Carried RESOLUTION # 181 TRANSFER FUNDS FROM UNALLOCATED FUND BALANCE TO Justice Newhart 1110 . 4 Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 74 . 73 from Unallocated Fund Balance to Justice Newhart 1110 . 4 2nd Clm Webb Roll call vote - all voting YES RESOLUTION # 182 TRANSFER FUNDS FROM UNALLOCATED FUND BALANCE TO ELECTIONS 1450 . 4 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , , that this Town Board authorize the Supv to transfer $134 . 87 from Unallocated Fund Balance to Elections 1450 . 4 2nd Clm Jordan Roll call vote - all voting YES RESOLUTION #183 TRANSFER FUNDS FROM UNALLOCATED FUND BALANCE TO GARAGE5132 . 4 Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 249 . 86 from Unallocated Fund Balance to Garage 5132 . 4 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 184 APPOINT HAROLD CASE AS TOWN OF DRYDEN REPRESENTATIVE TO BOLTON POINT Supv Cotterill offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Harold Case as the Town of Dryden representative to Bolton Point to replace Henry Tarr . 2nd Clm Metzger Carried RESOLUTION # 185 ADOPT JOINT SEWER AGREEMENT WITH THE CITY OF ITHACA , TOWN OF ITHACA AND TOWN OF DRYDEN Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board adopt the Joint Sewer Agreement with the City of Ithaca , Town of Ithaca and Town of Dryden . (copy attached in book ) 2nd Clm Jordan Roll call vote - all voting YES 411 Adjourned : 5 : 00 PM NC�it�ic.. Susanne Lloyd li Town Clerk Joint Sewer Agreement . City of Ithaca - Town of Ithaca - Town of Dryden December. 22 , 1981 This agreement dated this 30 ' day of 198T BETWEEN , the City of Ithaca , a municipal corporation of the County of Tompkins and State of New York , and The Town of Ithaca , a municipal corporation of the County of Tompkins and State of New York , and The Town of Dryden , a municipal corporation of the County of Tompkins and State of New York , k III/ WITNESSETH : INTRODUCTION WHEREAS , the City of Ithaca has for the past several years provided sewerage service for portions of the Towns of Ithaca and Dryden on a contract basis , providing for the conveyance of sewage through its sewers and the treat- ment and disposal of the sewage at its existing wastewater treatment plant , and WHEREAS , the City of Ithaca treatment facilities are no longer adequate to meet the effluent quality requirements of the New York State Department of Environmental Conservation and the U . S . Environmental Protection Agency , nor does the plant have adequate capacity to meet future requirements of the municipalities , and WHEREAS , the New York State Department of Environmental Conservation and U . S . Environmental Protection Agency have ordered the facilities be improved and are considering providing grant funds to assist in carrying out the , I; . - 2 - r necessary improvements , and WHEREAS , benefits include improvement of the environment of not only the service area but the preservation of Cayuga Lake and the streams of Tompkins County , and WHEREAS , the respective legislative bodies of said municipalities have determined it to be to the best interests of their respective municipalities to construct , own and operate a single wastewater treatment and disposal facility , and WHEREAS , the above mentioned municipal corporations respectively and . severally desire to provide for the construction , maintenance and operation of a joint wastewater treatment and disposal facility set forth in the foregoing reports ,. r ' NOW , THEREFORE , in consideration of the promises and the mutual covenants and agreements herein contained and pursuant to Article 5 - G of the General Municipal Law , it is hereby agreed by and between the parties as follows : Section 1 . Scope . The parties hereto agree to jointly construct a wastewater treatment and disposal facility as defined in the Wastewater Facilities Plan to meet the needs of the municipalities in the designated service area (Appendix III - Map ) and to provide for the operation and maintenance thereof , of the type specified and under the terms and conditions hereinafter set forth . That the participating municipalities are not unmindful of and do acknowledge the interest of certain other entities which have a special interest in this Agreement and the project herein considered , as follows : ( 1 ) The County of r° - Tompkins has requested that consideration be given to include facilities in the 1 project to provide for the receipt , treatment , and disposal of septage produced Within the County . The Step 1 Facilities Plan included such facilities and the } - . - 3 - . Step II Design includes the septage facility . The participating municipalities intend to enter into a separate joint agreement with the .Count/ of Tompkins to construct , operate and maintain this service ; ( 2 ) under the present rules of the U . S . Environmental Protection Agency , wastewater from certain industries within the service area of this Agreement may require special treatment and separate agreements. . . These agreements will be executed by the participating municipalities in the future at an appropriate time ; ( 3 ) all parties agree that no other public wastewater collection and treatment system shall be activated by any member municipality to serve the service area until the bond issues for the project have been paid in full ., without the consent of all parties . Section 2 . Duration The terms of this agreement shall be for a period equal to the terms of . the Serial Bonds which are to be issued in connection with the financing of this Project , unless otherwise modified and amended by the parties to the agreement . This agreement shall be renewed by the parties upon such terms and conditions as they may agree upon . This agreement , as it may have been modified from time to time shall be renewed by the parties on such terms as they may agree upon . However , this agreement with all amendments in effect , shall be automatically renewed upon the same terms and conditions then in effect for such period , unless one of 0 the parties elects to terminate its participation as hereinafter provided . If any of the parties wishes to terminate its participation in the agreement and Project , at the expiration of the original term , as provided above , it must give written notice to the other parties at least 4 years prior to the expiration of such original term , which notice shall contain the reason for such termination . In the event that the election to terminate is exercised as above provided , - 4 - the assets of the joint operation shall be disposed of by agreement of the parties hereto upon agreed valuation on the basis of ownership interests as herein provided . Section 3 - Title to Property Title to all real property and improvements thereon , including the waste - water treatment plant site location and the rights -of -way for jointly owned sewer lines and other facilities shall vest in the parties hereto as tenants in common in the proportions outlined in Appendix I . Section 4 . Right -of -way and Tax Exemption It is specifically agreed during the duration of this contract that the real property and improvements , including any intermunicipal interceptor , trunk line or lines , located within each participating municipality shall be . __ I entirely exempt from real property taxation by said municipality and each municipality agrees to said exemption , and each municipality will adopt a Tax Exemption Resolution provided under Section 406 of the Real Property Tax Law . Section 5 . Type of Treatment Plant and Improvements The design , type , size , and specification of the treatment plant , including site development , trunk lines , improvements and other equipment shall be as recommended by the Consulting Engineers , subject to the approval by the respective governing bodies of the municipalities , and further subject to the approval by 0 the New York State Department of Environmental Conservation and the U . S .. Environmental Protection Agency . Section 6 . The Facilities Plan . The parties hereto do hereby substantially accept the Step I Facilities Plan prepared by Consulting Engineers Stearns & Wheler as approved by the U . S . Environmental Protection Agency and the New York State Department of Environmental Conservation and do agree that the fees paid to the Consulting Engineers and - 5 - IIIothers ( as a part of the Step 1 facilities Planning ) shall be included in the capital costs of the project as herein mentioned . The cost of the Step I Sewer System Evaluation Survey is covered in a separate agreement . The parties hereto do agree to proceed with the Step II Design and do jointly agree that the Consulting . Engineering firm of Stearns and Wheler is designated to carry out the work and that the legitimate costs of said work shall be included in the capital costs of the project . Section 7 Capital Costs . It is mutually agreed between the parties that capital costs for the wastewater treatment facility and other jointly owned facilities as hereinafter set forth , shall be allocated , borne and paid by the respective municipalities as set forth in Appendix I of this Agreement . . An Interim Intermunicipal Agreement has been executed by and between the City of Ithaca , the Town of Ithaca and the Town of Dryden relating to the financing of the Step II Design , Project # C - 36 - 1095 - 02 . Said agreement is attached as Appendix IV , and is made a part of this agreement . Capital costs shall include all of the following : ( a ) Planning fees and costs . . ( b ) Professional Engineering fees . ( c ) Cost of rights - of -way acquisition for jointly owned sewers . ( d ) Cost of land acquisition for plant site and other joint facilities . (e ) Construction costs of the wastewater treatment and disposal facility including site preparation , demolition , and existing facility deactivation of all eligible reimburseable items . ( f ) Remaining debt on original plant equipment and facilities owned by the City of Ithaca whether or not included in the new joint facility as listed in Appendix 1 . ( g ) Measuring meters for determining operational cost allocation hereinafter set forth . ( h ) Attorney and legal fees , administrative expenses . - 6- • ( i ) Such other expenses ordinarily connected with the construction and establishment of a joint wastewater treatment facility but specifically excluding the respective laterals and internal sewer systems of the participating municipalities . ( j ) Financing and interest costs , Section B . Pre - Agreement Costs The City of Ithaca shall receive a credit adjustment towards its share of capital costs for the land and rights - of -way which it has acquired and now owns , and for the buildings thereon , ( including equipment and apparatus ) which are to be transferred from the present facilities now owned and operated by the City of Ithaca, to the _ project and the facilities which are to be jointly owned under this Agreement . The parties have agreed that the amount of the credit adjustment for land , buildings , equipment , and apparatus shall be the amounts set forth in Item 4 . under the heading , "Anticipated Local Capital Costs " of Appendix I . . The parties have further agreed , that in addition to the aforementioned credit to the City for its contribution of land , equipment , buildings and apparatus toward the project , further credit will be allowed to the City for expenses that it incurred for the Plan of Study , the Maximum Efficiency Evaluation for. Wastewater Treatment Facilities Report , and Step I work ( exclusive of SSES which is covered by a separate agreement ) which has not otherwise been shared in by the other participating municipalities . The Town of Ithaca has provided a recording secretary and . shall receive credit 0 for such costs in support of the Sewer Service Planning Committee , Section 9 . Financing - Capital Costs . Each respective participating municipality shall be responsible for financing its respective share of the Capital Costs . The participating municipalities may jointly or individually apply for Federal or State grants for all or a portion of their share of the project cost , whichever may be most advantageous to said municipalities . - 7 - - . That said respective amounts shall be provided by each respective municipality or such portion thereof as may be needed during construction upon warrants issued I therefor by the project fiscal officer hereinafter designated and charged with the expenditure of funds for the project under terms of this Agreement . That it is mutually agreed that the chief fiscal officer of the City of Ithaca or his deputy be and he hereby is designated fiscal officer for this project for the parties for the purpose of receiving and paying out funds pursuant to this Agreement upon his filing with the Towns of Ithaca and Dryden, in addition to his official bond filed with the City of Ithaca , . a bond in the penal sum of $ 300 , 000 - in favor of the participating municipalities , conditioned upon his faithful per - formance and discharge of the trust imposed upon him . The fiscal officer shall deposit all moneys received from the respective municipalities in separate accounts in one or more banks or trust companies authorized by law to receive deposits of funds on behalf of the respective municipalities . No expenditures shall be made from ysaid . special account or accounts except after an audit according to normal auditing and payment procedures of the participating municipalities and in accordance with provisions of Section 119 - 0 of the General Municipal Law of the State of New York . Operation The parties agree that the City of Ithacathrough its Department of Public Works shall operate and maintain the proposed plant . Matters pertaining to the selection , appointment , direction and administration of employees or personnel I matters , collective bargaining or labor negotiations are the sole prerogative of the City of Ithaca and appropriate expenses relating to same are to be covered under " Section 10 - Operation Expenses " which follows . IIISection 10 - Operating Expenses Operation and maintenance costs shall include operating costs for managing , repairing and maintaining all jointly used facilities and equipment , including _ 8 _ the treatment plant and that portion of intermunicipal sewers jointly used , insurance , salaries , legal , engineering , bookkeeping and auditing and required overhead on personnel , social security , health insurance , utility costs , fuel , supplies , parts , materials , and all incidental expenses for operation , managing , inspection , maintenance and repair . The parties agree that the operating expenses for the operation of the joint facility shall be apportioned as described in Appendix II and as projected by the annual budget . The flow shall be measured : in so far as feasible by means of meters on the . . trunk lines from the Towns of Ithaca and Dryden as provided in the approved Step I Facilities Plan . The measurement of strength of the Sewage if and when required shall be determined by accepted engineering standards . ' The formula and means of measuring the strength of the sewage shall be as agreed upon by the governing bodies of the participating municipalities . The Chief Fiscal Officer shall collect operating charges by means of an annual prospective budget and assessing each individual participating municipality on the ratio as hereinabove provided and under the formula thereafter promulgated . Nothing herein shall prevent the respective participating municipalities from raising , in addition to said operating assessment , such amounts in addition thereto sufficient to amortize their respective capital costs or to assess a surcharge to pay for the maintenance of their individual systems . In the event a participating municipality shall fail to pay its respective assessment for operating costs , or any installment thereof when due , the other municipalities shall have the right to compel payment of same under provisions of law . The annual budget of the WPCF shall include an item for contingencies . If during any year that the assessment shall be insufficient to defray the operating - 9 - costs during said year , the Chief Fiscal Officer shall recommend an amended budget 41/ and assessment which whall be reviewed , adopted and paid in the same manner as the yearly assessment . Section II . Responsibility for Damages and Claims . In the event any liability is asserted against any of the parties hereto arising out of the construction , operation , or maintenance of this joint project , the parties shall be jointly and severally liable for the defense and payment of any such claims . . The liability shall be apportioned among the municipalities in proportion to the interests of each party in the project or in accordance with such other methods as the parties may agree . Insurance against any such possible liability for pro- tection and benefit of the project and each separate municipality and the premiums for any such insurance coverage shall be an obligation chargeable . Ili against the project and the costs thereof to be apportioned during the construction period in accordance with the debt allocations, and thereafter , to be included in the cost of the operation and maintenance of the project and included in the budget assessed against each municipality each year in the manner set forth in Appendix II . Section 12 . Outside Users The sewage treatment facilities provided for in this contract shall be limited to the defined service area ( see Appendix III ) . No extension of the facilities hereby created shall be permitted outside the service area of the 0 parties hereto without the . consent of the governing bodies of the parties hereto . Such joint . consent of the governing bodies of the parties hereto shall be by a majority vote of the voting strength of the respective governing bodies . Section 13 . Special Joint SubCommittee Oversight of the joint WPCF operation will be by a subcommittee ( SJS ) of the Board of Public Works . - 10 - • The SJS will have eight members . Representing the City will be the three Water 411/ members of the Board of Public WorksAand Sewer Committee and the liaison from the Common Council to the Board of . Public Works . Representing the towns will be four members of their choice , one of whom must be an elected official from the governing bodies . The SJS will elect its own chairman and shall establish scheduled meeting dates to provide for timely referrals to the Board of Public Works . The charge of the SJS shall be to oversee operations of the WPCF , including budget . Matters will be brought before the . Board of Public Works with the majority ( 5 votes for ) recommendation of the SJS . Matters so referred to the Board of Public Works shall be acted on within 30 days . Those recommendations that are accepted by the Board of Public Works shall then be implemented accordingly . Those recommendations that are either rejected by the BPW , or not acted upon within 30 days , or that reach an impasse in the SJS shall then be referred to the - Chief Fiscal Officer who shall convene a meeting of the Mayor , Superintendent of Public Works , the Town of Ithaca Supervisor , and the Town of Dryden Supervisor who shall attempt to resolve the matter . The matter shall be so resolved by a unanimous agreement of these officials . Where there is not unanimity , the matter shall be referred to the municipalities for resolution . Budget estimates for the joint WPCF operation will be submitted by the Superintendent of Public. Works to the SJS by July 1 , preceding each fiscal 0 year . By September 1 , the SJS will submit a recommended budget to the Board of Public Works . - 11 - . One member of the SJS or another person so designated by the SJS shall serve as Secretary for the purpose of providing meeting notices , recording and distributing minutes of meetings , and other administrative duties . Each member shall have the right to present agenda items for discussion and arbitration . The SJS shall have the following duties : ( 1 ) Establish the administrative procedures for administration of the Agreement and for the billing of charges to the munici palities . ( 2 ) Discuss and audit the billings prior to submission for payment . . (.3 ) Discuss and negotiate any matters of mutual interest in relation to the ownership Agreement . ( 4 ) From time to time , make recommendations to the municipalities _ regarding the Agreement . ( 5 ) Administer the Reserve Capacity set- aside . ( 6 ) Negotiate equitable charges for services rendered to each other or jointly . . . ( 7 ) Arrange for new service connections as appropriate ana establish charges for service . • ( 8 ) Monitor master. flow meters . ( 9 ) Arrange for the enforcement of the sewer use ordinance . - ( 10 ) Submit periodic and annual reports to the municipalities' . ( 11 ) Notify the governing bodies in relation to any claims , demands , disputes , differences , controversies and misunderstandings which cannot be resolved by arbitration and negotiation . . - 12 - ( 12 ) Negotiate an -agreement with Tompkins County on the financing of the capital cost of the septage facility and the methods of the recovery of' the capital and operating and maintenance costs for same . ( 13 ) From time to time hold public hearings as necessary . : . / - 13 - . Section 14 . Approvals Required This Agreement shall be effective upon approval by the governing bodies of each municipality , subject to required provisions of law . Upon approval of this Agreement , each municipality shall proceed to arrange procedures for financing the construction of this Agreement . It is understood that no bid for construction shall be advertised and no contract for the construction shall be awarded until all bonding and financing resolu- tions have been finally approved and authorized and all required procedures have been complied with . Section 15 . Concurrence of Participating Municipalities Unless otherwise provided herein , whenever the agreement of each parti - cipating municipality -is required under this Agreement , such agreement shall be required to be approved by a majority vote of the voting strength of the respective governing bodies of said municipalities . Section 16 . Amendments This Agreement has been entered into on the basis. of 12%% local funding . In the event that this local share for the total project as defined in . the Wks' Plan increases substantially , there shall be good cause for renegotiation of financial aspects of this Agreement . The parties agree that this agreement must be amended further ; to establish procedures either by arbitration procedures and by resort to courts of competent jurisdiction for the settlement of disputes and the resolution of those matters upon which the parties have been unable to agree . It is recognized by the participating municipalities that this agreement may not be complete in every respect and it may be necessary to clarify and amend the - 14 Agreement from time to time . . This Agreement may be modified or amended by an instrument in writing , duly executed and acknowledged by the duly authorized representative of each participating municipality , upon approval by majority vote of the voting strength of the respective governing bodies of said participating municipalities . Section 17 . Future Expansion of Capacity It shall be the responsibility of the SJS . to initiate planning for additional capacity when the improvements defined in the Step II Design reach no more than 95 % of the design capacity . • 4. fi . • • • • • •• • _ 15 _ • • . • • : • • In Witness i hereof the parties hereto have caused this Agreement to bee - executed by their duly authorized officers and sealed with• their corporate • seals the day and the year first aforementioned . • • • City of Ithaca : . . • Attest : : . a• \ : : . , r : • Dy . 2Sayor ,• City of Ithaca , NX• • City Clerk , City of Ithaca , . . 'e : . • _ - - °. :: ._ ••_ - . • . • • . Toxn of Ithaca . •- • Attest r.. • . . • \• • _ .. _ . - . ' • . • [ . 3 ' By ° . • Tom Clerk , •Town of Ithaca Supervisor , Totm of Ithaca . - - Toigm of Dryden ♦. Attest > : : = • • • • • • $y . ;' • - Supervisor , Town of Dryden to; m Clerk , Town of Dryden • '� . - •,_ •• - • • . O . • •' • - P • N ♦ ti - . . • ' . } . } • .. • . F. .4 •r • • ''• • • • • .. • • - • • •.. r , w • • lb • •• - 0 • i • • - • • • \ • .. • • • .• r. . • • • • . • • - . - - . • STATE OF NEU YORK ) . - COU`ITY OF TOIIPKINS ) SS : . • . ' CITY OF XTHACA ) • ` . • On this day of , Nineteen Hundred and Eighty before me • • • • • . • Q• • • • personally appeared • • : , to me personally known who being . .- • •. • •by me duly sworn , did •depose and say that he resides •in the City of Ithaca ,•• . : of the CITY 0 ITHACA , the corporate described. in • • ' ., . N Y that he is the piayor • s ;•• - ns urnent ° • that he knows the seat of • said • ' . r • •• and which executed the foregoing . I tr , • S . • . . ! • • ' 'corporation ; that the ' sea/ affixed to said Instrument is such -• corporate seal . . s• • • . . - that it was ' so affixed' by • order_ of the Common Council of . the City of Ithaca •: • • - . . : - '. • by a C majority vote of the voting strength thereof and that he signed • ▪ , • . his name thereto by like order . - _ • • . .. •• • ° . . - • - • • - - • i . • . . . . • Notary Public ) Tompkins County , N .Y . . - 11y Commission Expires ° II■0 . -• . .- • . . • , • • • ._ = e • Y •, a £,•• . • ° . ., } • • • - . • . a w ' . .' • .. • o - • • • ' • ' • • • o o • ' • - • . • • .e • • • • • • • - • . • • • • • • , •• , c • • • • • - • - _ I •- • ' • • . - _ , . . • •STATE OF NEW YORK ) - COli in OF TONPKIt� S ) SS : • H . . T9tfh0FTHACA ) _ - . • • Nineteen Hundred and Eighty before me On this —� day of . • r • eared , to me persaria�.ly kno�1-n who being . a personally app - �y ne duly sworn , did depose and say that he resides an the '�Co• of - Ithaca , . f • 's •• • • • that he• is the ' Supervisor • of the TOWN OF 1TH CA. , the •corporate described • : • •N.Y . , : . ' • . - • t and which executed the foregoing Instrutent ; that be know.s ' the seal of said • •' . - • • • i..•.��. • . • •. - corporat ' n ; : that' the . . sea.1 affixed to sated •Instrument is such . corporate seal ; '• • . .:• •. • ; ... a : . zo • . ' sot affixed by order - of the To-�si Board of the - Totircz of Ithaca by: a • that a t was : . . ; . : ( majority )• vote of .the .voting strength thereof and that he signed his name . thereto by like order . . .6. •• • - - •' . - y ' . . .. . a • - • • eti- ' . • - • • - •• C ' ' Notary Public , - Tompkins County , N . Y . • . Ily Commission Expires . - • :.• • y • - • ;• • ` • •• a . • .. .. . . .. I a :ell 1..... •: • • e • • • •y . e ter. • • e - • • • " . • • • • • • • et a . a • 0 . . • • • O. . - : • • • • • • . • • • • . • • • • - Al • • • ` • - - - • • - • • - -•• 7• • - - - • - •• • • . - •• . • STATE OF NEW YORK ) . . COUNTY OF TOMPKINS ) SS : • . . - • • TOWN OF DRYDEN •• . • • ' • • On gh s •. . i day of , Nineteen Hundred and Eighty before me • • ' . t ♦ • e• : personally appeared , to me personally . known who being • - • • . • • . . . . t . • • by me duly sworn , did ' depose and say that he resides a n the Town of Dryden , . . - • . . • • . . + • . . . . , . • • i. e.• •. • N. Y . , that he is the Supervisor. of the TOWN OF DRYDEN , • the corporate described . . • s • • in and which executed the foregoing Instruument ; that he knows • the •seal of said - • , :_1.r •• - •- corporation ; that • the seal affixed to said • Instrument. is such . corporate seal , :'- . ' • ' ' '• . . . • that it was so. affixed by order of the . To:--m Board of the Town of Dryden by a - •' • • :- . ; . - . • . . • . • • - . • .• ' ( naj ori•ty ) vote of . the voting strength thereof and that he signed his name • • . thereto by like order . - ' - -- • _ - -° • ,. • • Notary Public , . Tompkins County , N . Y . . ' - • a • My Commission Expires - .• • • • .• • - • • • - ' r '••' - - . .• 41 • .. .. - i • • • • • 0 : g • . • t- •• • • C ,_ a e • a • • a ••• e :• • . . • S ° • • . •. - . y . . •• . � - ••. . a - . ▪ •,• - . • • • • .•• • • • • - t • • • • e •• . • • . Sr • • • _ f • .. - • • • p • •• • • • • •• • •• • • c • • • • • • . . - . . -• • • • • ' • • • • • • APPENDIX TITLE TO PROPERTY AND CAPITAL COST APPORTIONMENT All costs associated with new plant and site for the hypothetical first year NO - GROWTH PLANT will be apportioned by fixed percentages based on the previous year flow records of contributions from respective municipalities and load factors for major industry and septage . The reserve capacity of the new plant and pro - portionate share of the site would be apportioned by fixed percentages based on growth projections for the respective municipalities for the year 2005 as indicated in the Facilities Plan and on additional load factors for major industry and septage . At the time the fixed percentage of reserve capacity is reached by any municipality or industry , additional capacity shall be made available as needed from the remaining reserve capacity . Each municipality or industry with remaining reserve capacity shall provide the needed capacity by a proportion equal to their remaining reserve capacity over the total remaining reserve capacity and be re - imbursed for same in " dollars of that year " i . e . future worth by the municipality requiring the additional. capacity . Any reduction of flow values from any entity , while not affecting the fixed percentages paid for the first year plant , will act as a credit for capacity to that entity and always be used before additional reserve capacity . ( See Scheme III for a more detailed explanation) . Scheme III is made a part of this agreement . Capital improvements and equipment with a useful life in excess of five years needed following the determination of the scope of the Step II project shall be subject to the approval of each of the participating municipalities prior to initation of such improvements or acquisition of such equipment . ANTICIPATED LOCAL CAPITAL COSTS I . 30 YEAR BONDING PERIOD . 2 . INTEREST RATE - 9 1 /2 % . 3 . LOCAL LENDING FOR NEW CONSTRUCTION - $ 4 , 300 , 000 4 . LOCAL EXPENSES FOR EXISTING PLANT AND LAND a . Based on Edward W . Austin 6 / 80 , Land Appraisals Parcel IV $ 206 , 500 LAND $ 206 , 500 b . Based on Edward W . Austin 6 / 80 , Land Appraisals American Appraisal 6 / 79 , and Federal Funding $ 286 , 000 x . 50 = Facilities on Parcel IV $ 143 , 000 . Remaining Debt non - Reusable Parts . . . . 50 , 500 BUILDINGS 193 , 500 . LAND PLUS BUILDINGS TOTAL $ 400 , 000 5 . PROJECT LOCAL COST TOTAL $ 4 , 700 , 000 • / . APPENDIX II . FINANCING OPERATION AND MAINTENANCE COSTS . Each of the parties agrees to pay to the Chief Fiscal Officer an amount for sewage conveyed to the system from their own municipality in accordance with a uniform sewer rate schedule to be established prior to the approval of the first year operating budget . The amounts so derived are hereinafter referred to as " Sewer rent . revenues . " Each municipality shall have the option of raising such amounts by charging ultimate users in accordance with such sewer rate shcedule or by assessments or by any other manner permitted by law . However , regardless of the method chosen . by each municipality to actually raise their share due , the amount payable shall be computed as if each municipality had adopted the uniform sewer rate schedule and charged the ultimate users thereunder . All of the sewer rent revenues derived from Town of Dryden , Town of Ithaca , and City of Ithaca shall be delivered to the Chief Fiscal Officer for application toward the operation and maintenance costs of the Sewer Plant . Any surplus of revenues shall be budgeted toward the operation for the following year . If such revenues are insufficient to pay such costs, the municipalities shall make up the deficit by each contributing a portion of such deficit ; the portion applicable to each party to be determined by multiplying the total deficit by a fraction , the denominator of which is the amount of sewage conveyed to the system in all the municipalities during the immediately preceding four billing quarters as determined by the SJS , an¢ the numerator of which is the amount of sewage conveyed to the system in such period by the individual municipality whose share is being determined . Except as hereinafter provided , the uniform sewer rate schedule may not be changed without . the written agreement to such change of all of the parties . Unless the SJS determines otherwise , the payments required hereunder shall be made to the Chief Fiscal Officer or its delegate quarterly . I , f ' . IL APPENDIX IV V I INTERIM ' INTER�� UNICIPAL AGREEMENT IMade this . 9th day of December , 1981 , by and between . 1 the CITY OF ITHACA , a municipal corporation , ` with offices at 108 East Green Street , I Ithaca , New York , hereinafter called the " " Cit . • y , t and • I the TOWN OF ITHACA , a municipal corporation , • with offices at 126 East Seneca Street , Ithaca , New York , and the TOWN OF DRYDEN , • . • a municipal corporation , Dryden , New York , . both collectively referred to as the "Towns" . . . • I W I T N E S S E T H iI - - - II _ ; l WHEREAS , the City and the Towns have embarked upon Phase II of the C Wastewater Treatment Plant Project , Design Phase Project 1C361095- 02 , and hWHEREAS , there is a need for temporary financing of the local share 1 of such Phase Il , estimated to be . $ 271 , 614 . 00 , and . 1 . . IWHEREAS , the City and the Towns desire to enter into an Interim Inter- municipal Agreement pending final agreement relating to the entire project , said Interim Intermunicipal Agreement relating to the Phase II financing ; I II NOW , in consideration of the mutual premises and other consideration . • 1 . contained herein , the parties agree as follows : . II 1 . The City shall be and hereby is empowered and authorized: � ; to borrow up to $ 271 , 614 . 00 on behalf of the City and 1I I the Towns through the use of Bond Anticipation Notes , the it I proceeds to be used for Phase II local share expenses • 1 f Vand cash flow needs between the filing and receipt of II II Federal and State requests and reimbursements . ' i il • ii . i 0 II Ir . • • 2 . Unless otherwise provided in the final agreement between the parties , the City and Towns shall participate in the Phase II costs and repayment of borrowing in the following percentages , to wit : 64 % by the City ; 35% by the Town . fof Ithaca ; and 1% by the Town of Dryden . t 3 . The City shall set up a Capital Project # 98 and keep all funds related to this Phase II separate and dis- tinct from all other funds . . 4 . All interest payable on said Bond Anticipation Notes and all other costs associated with Phase II shall be paid out of this account and all interest earnings on any temporary investment shall be paid into this • account and become a part thereof . 1 . 5 . The parties agree , and the BANS shall so provide , that either or both parties may prepay its share of the outstanding BANA and other costs at any time without penalty . 6 . The BANs shall continue as long as convenient and desirable by both parties . If no final agreement is reached within five years of the date hereof , or if it is determined not to proceed with the project , then . this agreement shall constitute the sole agreement It between the parties relating to these funds and each . -2 - • . ( ! / 44 . - " 1111 f party shall be responsible for its aforesaid percentage i % of the expended or encumbered share of Phase II and shall pay such share within ninety days of such date or determination . CITY OF ITHACA By : , Mayor TOWN OF ITHACA . By : Supervisor TOWN OF DRYDEN • r , ,1/ By . Supervisor f t E s , ft 1 i 1 jt # ht t a f i if 5 t -3 - 1.1 % -i • ,{ r n•.o-+n•••t. 3 �!7�.+.x- Wi..ci.y.�t ��**;C s S"' yin�"' ^:.. t ?.,-- y t r .. . 1, .{ tw R --Y ' Tr Lc � "Au "f..e•_: teh � `.p• = a .l } ct W-'�� ' 3' � . T'. ti '!'` e;y. f S' y ' • x �^ TT ; `^ X" .� C �e'r p �•,t i ♦ a� �:.`3'.•�' as� r. . -,. •.. _r}i P .,� `�1 v. . ,.f. . �i.-t c 1?w"' �sT'�:� �,r1x 'T ' '�'\ � � y =,. 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CITY qC i ' t' , . • ITHA A 1L C OFITH q ^r+�. \ . �h { ,� _ _. f i 1+..n )y -Y^r "'yh ��+). r}- p`e ' ..`'•�` y � - iv l �� ` • S� • lf" "� � ♦ lfP•rli A1 \' rl, . y♦(J��a�r_�/ 1�•' ..\ c: ( - ` •{� n J �t..l �•• `P '+� 1 k; 'F alb �� •� - •-,--_' 1 ; • ✓ 1 t • -� S: rn-. p ♦l• c . ,ti . 1 ,.‘N. , I ( r ' l ,- • 2 I, ' ' "i t r • 1r„'I 1. ..4% 1 01.‘:1 ' .. 4 E I I • • 1 • - • •• a t / • 1 — F : f a r / f`� i ,t, • ��,�• ( r ' . _ ., 1_ '. w Al;) ., .. • f . .•.:x TOWN . . , ii, C ITHACA } ° • - ii A. I i • • . -w :